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An accessory dwelling unit shall meet each of the following criteria:

A. Be no greater in size than the lesser of:

1. One-third (1/3) of the total density of the primary unit; or

2. One thousand two hundred (1,200) square feet;

B. Conform with section 9-1-19-3A, Policy 3 (absolute) density/intensity, of this chapter;

C. Title must be held in the same name as the owner of the primary unit;

D. Lessees, including any other occupants and/or family members, must be employed at least thirty (30) hours per week in Summit County;

E. Lease term must be for a period of time not less than six (6) consecutive months in a year;

F. A covenant must be recorded by the owner upon the terms and conditions approved by the town including, but not limited to, restricting the use and occupancy of the property at a rental rate of one hundred twenty percent (120%) maximum of the area median income;

G. Not be used as an accommodation unit as that term is defined under section 4-1-2 of this Code; and

H. Not be left vacant for a period of thirty (30) or more consecutive days. The town may, in its sole and absolute discretion, and in addition to any other remedies, require that the accessory dwelling unit be offered for rent. (Ord. 34, Series 2021; amd. Ord. 35, Series 2022; Ord. 8, Series 2023)